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Judgment
Shircy V, J
The petitioner, who is the accused in Crime No. 174 of 2021 of Njarackal Police Station registered for the offences punishable under Sections 511
of 376, 323 and 506(i) of Indian Penal Code, has filed this application for his release on bail.
The prosecution allegation is that on 13.03.2021 at about 7.15 a.m. while the defacto complainant was returning from Church after attending the
Holly Mass, the accused fraudulently took her to LNG Berth as if she has to be engaged for certain cleaning works and he suddenly pulled her down
and attempted to commit rape on her. When she raised hue and cry, he left her free and threatened her. She also sustained injuries when she was
pushed down by him. Thereby he committed the aforesaid offences.
The petitioner has been in custody since 14.03.2021.
The case of the petitioner is that, he is totally innocent of the allegations levelled against him. LNG Berth is a very busy area and there will be real
crowd of workers even in the early morning. Therefore, there is no chance of committing such an offence, as alleged by the prosecution. As he has
been falsely implicated in this case at the instance of the defacto complainant, he has filed this application for his release on bail.
The learned Public Prosecutor submitted that the investigation of the case is over and now charge sheet has been filed against this petitioner.
Considering the entire facts involved in this case as well the fact that charge sheet has already been submitted by the investigating agency before
the court concerned, I find that further detention of this petitioner is not necessary for the investigation. It is also reported by the learned Public
Prosecutor that as such he has no criminal antecedents. Hence, this application for bail is granted subject to the following conditions:
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum
each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
 (iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.